Delegated Report - Code - Planning - MCU26 0047 (As Published)

                                  Figure 5 – North & South Elevations of Proposed Short Term Accommodation


               2.     APPLICATION BACKGROUND
               •      The original dwelling was approved by Private Certifier 16/04/2007 (112007.649)
               •      The secondary dwelling was approved by Private Certifier 27/06/2023 (PC23/0800)
               •      An approval was given by council for amendment to the secondary dwelling 5 December 2023
                      (DBW23/0078)
               •      An application was submitted for assessment under the superseded planning scheme to utilise the
                      secondary dwelling for short term accommodation while not requiring the primary residence to be
                      owner occupied. This application was refused 06/11/2025 (SPS25/0002).
               •      A Short Stay Letting Approval for the primary dwelling was approved (21/02/2025) SSL25/0041

               3.     SITE DETAILS
               3.1. Site History
               An information request was forwarded to the applicant dated 25 June raising the following issues:
               Item – Existing Short-Term Accommodation Approval
               Given the current short term accommodation approval on the primary dwelling, Council requested
               a means as to how the applicant proposed to relinquish this approval to prevent both dwellings
               being used for short term accommodation.
               In response, the applicant proposed the following process:
               1.     Council grants the MCU approval for short-term accommodation within the existing approved
                      small dwelling;
               2.     Before lodging the Short Stay Letting Local Law application for the small dwelling, the
                      applicant will provide written confirmation to Council that the applicant no longer relies upon,
                      asserts, or seeks to exercise any existing town planning use rights for short-term
                      accommodation in relation to the main dwelling;
               3.     Before lodging the Short Stay Letting Local Law application for the small dwelling, the
                      applicant will also notify Council that short stay letting of the main dwelling is to cease and
                      will request cancellation, surrender, withdrawal, expiry or non-renewal of Short Stay Letting
                      Approval SSL25/0041;
               4.     The applicant will then lodge the required Short Stay Letting Local Law application for the
                      small dwelling, relying on the new MCU approval as the town planning authority for the use;
                      and
               5.     Short-term accommodation will only commence in the small dwelling once both the MCU
                      approval and the required Short Stay Letting Local Law approval for the small dwelling are
                      in place.




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Document Set ID: 24890887
Version: 9, Version Date: 31/08/2026